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Analysis on the Subject of the Crime of Unauthorized Partition of State Property

Author: YaoYunSheng
Tutor: WangZhaoWu
School: Suzhou University
Course: Legal
Keywords: the Crime of Unauthorized Partition of State Property main nature crimes committed by a unit crime by a natural person lawsuit practice
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 35
Quote: 0
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Abstract


1997 years after the revision of the criminal law, the Crime of Unauthorized Partition of State Property from the sin before of separation of corruption as a pure unit crime, in the punishment in a single system in principle. About the Crime of Unauthorized Partition of State Property of the crime of main body is the unit or natural persons, the academic circles has many differences, and disputes in the judicial practice also caused some confusion and conflict.From the current law firm but the Crime of Unauthorized Partition of State Property, embezzle see sin is the unit crime, a single penalty system, its main body is the unit crime. But from the deserved Angle analysis, pocketing the Crime of Unauthorized Partition of State Property sin as unit crime is worth discussing. Although the criminal law provision does not require unit crime must be“for the benefit of unit”,“criminal law”the provision of single penalty shall be made and confirmed, but theoretically, shall be sure“for the benefit of unit”is the unit crime the subjective factor, a single system has also proved will for double punishment from a system. Divide the Crime of Unauthorized Partition of State Property without sin for the benefit of the unit, but the infringement interests; the unit, but not be punished by return property to wait the judicial relief. The main body of crime shall bear criminal responsibility according to law is the person or unit, the criminal law since no regulation to divide the Crime of Unauthorized Partition of State Property, then unit is punished unit should not be regarded as the main body of crime, from this perspective, the Crime of Unauthorized Partition of State Property from sin is not as the unit crime. Through the research and analysis, think that the Crime of Unauthorized Partition of State Property should be as a natural sin really is more crime, is a natural person with the unit name, for personal illegal possession of the implementation of the Crime of Unauthorized Partition of State Property with certain specific characteristics of crime. In the existing legislation framework, the unit as the Crime of Unauthorized Partition of State Property subject of litigation, also faces is how to determine the object that should appeal to surrender, processing, unit of stolen goods and unit litigation representative can adopt compulsory measures and tough questions.Thus, in order to solve the Crime of Unauthorized Partition of State Property from sin in the theory and practice of cause“chaos”, effective way is to the legislature in the appropriate time will change this crime for natural crime, will the Crime of Unauthorized Partition of State Property of the crime of main body, that is clear for natural state organs, state-owned companies, enterprises, institutions or people’s organizations to the relevant personnel.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule
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